Tractor & Equipment Co. v. Zerbe Bros.

¶1 The present case stems from an agreement between Tractor and Equipment Co. (“T&E”) and Zerbe Brothers, Inc. (“Zerbe”) for the sale of farm equipment in northeastern Montana. Under the terms of the agreement, known as the Consignment and Sales Agreement, T&E agreed to consign and to ultimately sell certain equipment manufactured by Caterpillar, Inc. (“CAT”) to Zerbe for sale to Zerbe’s customers in northeastern Montana. In 2000, T&E filed an action for a judgment declaring the Consignment and Sales Agreement void. In 2004, however, the District Court granted partial summary judgment in…